ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00060531
Parties:
| Complainant | Respondent |
Parties | Aine Goggin | Health Service Executive |
Representatives | Did not attend | Amy McNicholas, Comyn Kelleher Tobin LLP |
Complaint:
Act | Complaint Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 21 Equal Status Act, 2000 | CA-00073666-001 | 22/07/2025 |
Date of Adjudication Hearing: 17/06/2026
Workplace Relations Commission Adjudication Officer: Ewa Sobanska
Procedure:
In accordance with section 25 of the Equal Status Act, 2000, as amended, following the referral of the complaint to me by the Director General, I inquired into the complaint and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint.
At the time the hearing was to commence, it was apparent that there was no attendance by, or on behalf of, the Complainant.
Correspondence informing the Complainant of the arrangements for the hearing issued on 29 April 2026 to the email address furnished by the Complainant. The Complainant consented the WRC to communicating with her by electronic means (email) including the serving or giving notice(s)/document(s). I am satisfied that the Complainant was on notice of the date, time and venue of the hearing to investigate the complaint. There has been no communication from the Complainant indicating any difficulties with attending the hearing or seeking a postponement. I waited some time to accommodate a late arrival. As of the date of the drafting of this decision there has been no communication from the Complainant explaining her non-attendance.
The Respondent was represented by Ms Amy McNicholas, Comyn Kelleher Tobin LLP. Ms Jean Boyle, Scheduled Care Manager and Ms Mary Hynes, HR Manager attended the hearing for the Respondent. The Respondent furnished its written submission in advance of the hearing.
Background:
The Complainant referred her claim to the Director General of the WRC on 22 July 2025 alleging that the Respondent discriminated against her on the grounds of her disability and failed to provide her with reasonable accommodation for her disability. The Respondent rejects the claim. |
Summary of Complainant’s Case:
There was no attendance by, or on behalf of, the Complainant at the hearing. There has been no communication from the Complainant indicating any difficulties with attending the hearing or requesting a postponement. |
Summary of Respondent’s Case:
The Respondent and its representative attended the hearing and were prepared to defend the claim referred against the Respondent. The Respondent also presented a written submission to the WRC in advance of the hearing. This submission was copied to the Complainant. |
Findings and Conclusions:
There was no attendance by, or on behalf of, the Complainant at the hearing. There has been no communication from the Complainant indicating any difficulties with attending the hearing or seeking a postponement. I am satisfied the Complainant did not make contact with the WRC either immediately before the hearing, during the hearing or in the intervening period since the hearing. As of the date of this decision there has been no further communication received from, or on behalf of, the Complainant. In these circumstances and in the absence of any evidence to the contrary having been adduced before me, I must conclude that the within complaint is not well founded. |
Decision:
Section 25 of the Equal Status Acts, 2000 – 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under section 27 of that Act.
Based on the circumstances outlined above and in the absence of any evidence to the contrary having been adduced before me, I declare this complaint to be not well founded. |
Dated: 30th of June 2026.
Workplace Relations Commission Adjudication Officer: Ewa Sobanska
Key Words:
Non-attendance |